Consents. No consent, approval, authorization, or order of any court, governmental agency or body or arbitrator having jurisdiction over ​, or any of its Affiliates, any Trading Market, or ​’s stockholders is required for the execution by ​ of the Transaction Documents or the compliance and performance by ​ of its obligations under the Transaction Documents, including, without limitation, the issuance and sale of the 2024 Secured Notes; provided, for the avoidance of doubt and notwithstanding anything to the contrary set forth herein, ​ represents and warrants specifically that neither any consent or approval of any stockholder of ​ is required for the issuance to the Subscribers of the 2024 Secured Notes. ​ is not in violation of the requirements of the Trading Market and, except as disclosed in Current Reports on Form 8-K, has no knowledge of any facts or circumstances which could reasonably lead to delisting or suspension of the Common Stock in the foreseeable future.

Consents. No consent, approval, authorization, or order of any court, governmental agency or body or arbitrator having jurisdiction over ​, or any of its Affiliates, any Trading Market, or ​’s stockholders is required for the execution by ​ of the Transaction Documents or, except for any Stockholder Approval that may be required under the terms of this Agreement, the compliance and performance by ​ of its obligations under the Transaction Documents, including, without limitation, # the issuance and sale of the Exchange Shares and # the reservation and issuance of the Conversion Shares in accordance with the Certificate of Designation and the terms of this Agreement; provided, for the avoidance of doubt and notwithstanding anything to the contrary set forth herein, ​ represents and warrants specifically that neither any Stockholder Approval nor any consent or approval of any stockholder of ​ is required for the issuance to SPV of the Exchange Shares in the Debt-for-Equity Exchange. ​ is not in violation of the requirements of the Trading Market and, except as disclosed in Current Reports on Form 8-K, has no knowledge of any facts or circumstances which could reasonably lead to delisting or suspension of the Common Stock in the foreseeable future.